Appeal of a Disciplinary Decision
A student may only appeal if s/he has received a sanction including loss of good standing, housing termination, suspension, or expulsion. A decision reached by a Conduct Officer may be appealed to an Appeal Officer by either the Respondent(s) or Complainant(s). For an appeal to be considered it must meet at least one of the criteria listed below.
The appellant shall submit a written request for an appeal through the Community Standards and Wellness website. The appeal must be specific and clearly state the reasons for the request. The appeal request shall be submitted within three (3) business days of the date the appellant is notified of the decision rendered by the Conduct Officer. Failure to submit a request for appeal within the specified time will render the decision of the Conduct Officer final and conclusive. An extension may be granted at the discretion of the Conduct Officer.
Except as necessary to explain the basis of new information, an appeal shall generally be limited to a review of the record of the conference and supporting documents for one or more of the following reasons:
To determine whether the conference was conducted fairly in light of the charges and information presented, and in conformity with proscribed procedures giving both the Respondent and complaining parties the opportunity to prepare and present relevant information to be considered in the determination of an appropriate outcome. Minor deviations from designated procedures will not be a basis for sustaining an appeal unless there is a demonstrable adverse effect on the outcome of the conference.
To determine whether the sanctions(s) imposed were appropriate for the violation of the Student Code of Conduct which the student was found to have committed.
To consider new information, sufficient to alter the decision or other relevant facts not brought out in the original conference, because such information and/or facts were not known to the person appealing at the time of the original conference. This does not include information that was known at the time of the conference but was not shared.
The Appeal Officer will review the written request for appeal to determine if the acceptable grounds for the appeal are met. After review of the appellant’s request, which may include but is not limited to review of the record, the Appeals Officer shall take one of the following actions:
If the appeal does not meet one or more of the stated criteria the appeal will be denied.
Affirm the decision: the Appeals Officer agrees that the information before him or her supports the decision reached by the Conduct Officer.
Return the case to a the original Conduct Officer, or another Conduct Officer for further consideration.
Overturn the decision or adjust the sanctions assigned by the original Conduct Officer.
The Appeals Officer will not meet with the student. All appeals must be submitted within three days of the date of the decision letter.
Any actions that may have been levied against the student will be suspended until the appeal is heard, unless the welfare of the individual or the community is threatened. The Director of Community Standards and Wellness or his/her designee will first review all requests for appeal to determine if the request meets the established criteria for appeal and are within the appeal filing timeline that is allotted. If students do not meet the established criteria for appeal or do not appeal within the allotted timeframe, the appeal will not be decided on by the and the student forfeits his/her right to appeal.
In rare cases, circumstances outside a student’s control may occur, which prevent an appeal from being submitted by the deadline. Should this situation occur, the student must explain why they did not meet the deadline, and the Director of Community Standards and Wellness or his/her designee will make a determination if a decision will be made on the appeal.